The Hindu Business Line : PSUs must exercise powers available to deal with strikes: HC

Chennai June 2 Company managements should resort to the provisions of the Industrial Disputes Act to initiate prosecution only if their powers are ineffective against erring employees, says the Madras High Court.

Dismissing a petition by the public sector Bharat Petroleum Corporation Ltd that sought writ of declaration that a strike notice by its trade unions was illegal, Mr Justice K. Chandru observed that in the last seven years of litigation the undertaking had not resorted to any such exercise.

This gave rise to the larger question whether the Court should exercise any discretionary power in their favour merely because they had sought for such relief without acquitting themselves of their conduct.

This Court was of the view that no such discretion should be shown in their favour.

Writ of declaration

In its petition, the Company sought for issuance of writ of declaration that the strike notice of March 30, 2007, issued by the Petroleum Employees Union, Petroleum Workers Union and Petroleum Employees Association, was illegal and violates Section 23 of Industrial Disputes Act, 1947.

The unions had called for a day's strike pressing their demands.

The petitioner contended that the proposed strike was illegal since proceedings were pending before the Central Industrial Tribunal-cum-Labour Court 2, Mumbai, for adjudication of issues relating to the quantum of performance-linked incentive scheme.

Steps taken

The Judge said that when the petitioner management had taken all steps that were available to them under law, it was not clear as to why they should come to this Court seeking declaration that the strike was illegal.

"It is a very unfortunate state of affairs. A public sector unit such as the petitioner had been resorting to similar petitions right from 2000. When sweeping powers are available to them under law, why should they seek help of Court by issuance of a writ of extraordinary nature?"

Issuance of prerogative writs that too, against private persons, endowed with any statutory or public duty could only be in the rarest of rare cases, and Courts had always held that it was only discretionary in nature.

Petitioner could not come to this Court each time workmen issued strike notice and seek a similar relief.

ID Act provisions

Present declaratory was based upon provisions of ID Act and no other rights were claimed by petitioner. They must be directed to approach forums created under law and must be told that remedy by way of writ jurisdiction under Article 226 of Constitution was not available to them. In the light of the above, the writ petition failed and the same shall stand dismissed, the Judge held.

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